Which Should Come First, Bankruptcy or Divorce?

Legally, married couples in Massachusetts can file bankruptcy jointly, while divorced couples can’t. Couples who are considering bankruptcy often find it financially advantageous to file for bankruptcy protection before divorcing.

However, changes to the bankruptcy laws in 2005 made it more difficult for people above a certain income level to file for Chapter 7 bankruptcy. Some couples might find themselves unable to file for Chapter 7 bankruptcy, whereas one spouse alone might be able to do so after the divorce.

Categories: Divorce Q&A.